Key Insight: spoliation sanctions
Nature of Case: bankruptcy proceeding
Electronic Data Involved: deleted electronic records
Keywords: spoliation, bad faith, inherent power to sanction, legal fees, intent to deprive
Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.
Nature of Case: unpaid wages and overtime claims collective action
Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages
Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice
Key Insight: A 16 minute speculative phone call to an attorney is not enough to create a duty to preserve, direct evidence of bad faith is also necessary
Nature of Case: Employee overtime wages
Electronic Data Involved: Deleted e-mails
Keywords: Spoliation, FLSA, overtime
Key Insight: Spoliation claims should be brought up during discovery as a motion to compel, not summary judgment, spoliation also requires an intent to deprive
Nature of Case: Product defect
Electronic Data Involved: Electronic car records
Keywords: spoliation, summary judgment, camping world, motor home
Key Insight: Defendant misrepresentations to the Court about its flawed discovery process.
Nature of Case: alleged illegal detainment class action
Electronic Data Involved: missing metadata, deleted electronic records
Keywords: adverse inference finding, hard drives, warrantless arrestees, unconstitutional policy, deliberate indifference.
Key Insight: Fabricated evidence justified sanction of dismissing case
Nature of Case: fraud, breach of contract
Electronic Data Involved: archived email
Keywords: spoliation, closely held corporation, fabricated emails
Key Insight: spoliation jury instructions
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: deleted electronic records
Keywords: spoliation, abuse of discretion, adverse inference, permissive instruction
Key Insight: Due Diligence in searching for requested records and confirming non-existence was sufficient by Defendant to meet Plaintiff’s discovery request; perfect preservation was not required
Nature of Case: Negligence-car accident
Electronic Data Involved: Daily Driving Reports
Keywords: Preservation; Spoilation; Due Diligence
Key Insight: When can a spoliation sanctions motion be brought? When does the person against whom the motion is brought have a duty to preserve?
Nature of Case: Copyright
Electronic Data Involved: online photograph
Keywords: Spoliation sanctions, metadata, native file
Key Insight: application of spoliation sanctions occurring in past matters
Nature of Case: product liability
Electronic Data Involved: electronic records, e-mails
Keywords: spoliation, prior sanctions, intent to deprive, prejudice, adverse instruction
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